- 57 - section 2032A(e)(8). Respondent ignored the automatic election provision in section 20.2032A-4(b)(2)(i), Estate Tax Regs., and never notified petitioner of any defects in its special use valuation election under section 2032A(e)(8). Respondent’s determination in the notice of deficiency was that petitioner failed to make an effective and timely election under the provisions of section 2032A. That rationale was based on petitioner’s failure properly to document comparable properties meeting the requirements of section 2032A(e)(7) and the regulations thereunder. The failure to document rentals of comparable properties meeting the requirements of section 20.2032A-4, Estate Tax Regs., precludes valuing the properties under section 2032A(e)(7). As discussed above, however, that failure does not make an otherwise valid election under section 2032A(e)(8) ineffective. See sec. 20.2032A-4(b)(2)(i), Estate Tax Regs.; see also Estate of Hughan v. Commissioner, supra. Having failed to persuade us that petitioner made no election under section 2032A(e)(8), respondent now seeks to invalidate the election by pointing out that petitioner did not introduce evidence on all the required factors set forth in section 2032A(e)(8). We do not agree with this criticism of petitioner’s election. Respondent’s principal arguments before the submission of his posttrial briefs were threefold:Page: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Next
Last modified: May 25, 2011